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(영문) 서울남부지방법원 2013.09.12 2013고단1382 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 1, 2013, the Defendant, in collaboration with C, D, E, and F, was placed in the I mobile phone store operated by the victim H located in Yeongdeungpo-gu Seoul Metropolitan Government on April 1, 2013, and the Defendant reported the network with E, F along with the Defendant, and C, C, and D attempted to remove the correction device in the gap of the above store entrance, to cut off the cellular phone inside the store, and intrude into the store, but did not result in an attempted crime.

2. The Defendant, in collaboration with the above C, D, E, and F, was committed on April 1, 2013 at L mobile phone stores operated by the Victim K located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the Defendant reported the network in and around E, F, and the surrounding areas, and C, C, and D invaded into the store in the same manner as described in paragraph 1, and stolen 26 smartphones worth a total of 25,045,90 won of the market price owned by the victim at the display site.

3. Mediation of stolen goods;

A. On April 7, 2013, at around 06:30 on April 7, 2013, the Defendant, in collusion with E, arranged for the sale of 16 smartphones that they stolen in a mobile phone store at the request of C or D to M in order to sell 3,000,000 won, and received 300,000 won in return, and arranged for the transfer of stolen objects.

B. At around 06:00 on April 10, 2013, the Defendant, in collusion with E, arranged to sell the 24 smartphones that he stolen from the cell phone store to M at KRW 5,130,000, and 500,000 in compensation therefor, and arranged for the transfer of stolen objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for C, D, or E;

1. Application of Acts and subordinate statutes to prosecutor's investigation report (Attachment of summary order) and summary order;

1. Articles 331(2) and (1), 342, 362(2) and (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. Selection of penalty;

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